Pending divorce plea, wife entitled to same benefits that she enjoyed in matrimonial home: SC
New Delhi, Nov 20: During pendency of divorce petition, a wife is entitled to the same amenities of life as she would have been in her matrimonial home, the Supreme Court has said.
A bench of Justices Vikram Nath and P B Varale enhanced the interim maintenance of Rs 1.75 lakh per month to the estranged wife of a Kerala-based cardiologist. The interim maintenance had been reduced by the high court.
The family court awarded Rs 1.75 lakh interim maintenance to the wife while the Madras High Court reduced the amount to Rs 80,000 per month.
"The high court has overlooked certain aspects relating to the income of the respondent (husband) which were looked at by the family court. Further, it is also on record that the appellant is not working as she sacrificed her employment after the marriage.
"The appellant was accustomed to a certain standard of living in her matrimonial home and, therefore, during the pendency of the divorce petition, is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home," the bench said.
It added that the family court compared the status, standard of life, income source, properties, its possession, rights and liabilities of the husband and found that the wife cannot be denied the privileges as enjoyed by the husband.
"Consequently, we allow the appeal of the appellant wife and set aside the order of the Madras High Court dated December 1, 2022 and restore the order of the family court. The respondent husband is directed to pay a sum of Rs 1,75,000 per month as interim maintenance as per the order of the family court dated June 14, 2022," it said in its order of Tuesday.
The bench said the documents produced by the husband and evidence of both parties in this regard clearly reflect the fact that he is a renowned expert in cardiology and has a number of "worthful properties" and is the only legal heir to his father who has passed away.
"His mother is running at the age of 93. He is accruing all the incomes from the properties owned by his mother and himself and is also found to have been in possession of a school, though it is stated to be running in losses. However, the respondent did not come forward with any proof to this effect," the bench noted.
It added that the high court, on the other hand, while allowing the appeal of the husband, modified the order of the family court, noting that the hospital in Kerala had agreed to pay a sum of Rs 1.25 lakh per month as salary to him in 2017.
"We find that the high court has erred in reducing the quantum of maintenance to Rs 80,000 per month. The high court has considered only two sources of income for the respondent.
"Firstly, the sum of Rs 1.25 lakh that he earns from working as a cardiologist at the hospital. Secondly, the rent amount he and his mother receive from a property, of which the high court has stated that he receives half the amount only," it said.
The bench said the high court has not dealt with the findings of the family court, according to which the husband is said to own a number of worthful properties and the fact that he is the only legal heir of his father.
"The family court found that the respondent is accruing all the incomes from the properties owned by his mother. The high court has not dealt with the aspect of the number of properties owned by the respondent and looked at the rental income from one property," it noted.
The estranged couple's marriage was solemnised on September 15, 2008 according to Christian customs. The husband had one son from his previous marriage and there are no issues from the second marriage.
As the relations between the parties got estranged, on March 19, 2019, the husband filed a petition for divorce under the provisions of the Indian Divorce Act, stating that the parties have developed incompatibility.
He alleged cruelty while citing various incidents and prayed for divorce.
During the pendency of the divorce petition, the estranged wife filed an application before the family court in Chennai praying for maintenance of Rs 2.50 lakh per month along with litigation expenses amounting to Rs 2 lakh.
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KMES Institutions shine in SSLC result, continue four-decade legacy of education in rural Karkala
Karkala: KMES Institutions of Education at Kukkundooru in Karkala taluk has recorded outstanding results in the 2025-26 SSLC and PUC examinations, continuing a four-decade educational journey that began with just 22 kindergarten students and no building of its own.
The institution secured a 100 per cent result in the SSLC examinations, with all 43 students passing the examination this year.
Muhammad Arman Shahid emerged as the school topper by scoring 619 marks out of 625, securing 99 per cent and also ranking sixth at the state level. He scored full marks in Kannada, Hindi, Mathematics and Social Science.
Krithika V. Nayak secured the second position in the school with 607 marks and 97.12 per cent, while Arhan stood third with 605 marks and 96.8 per cent.
Out of the 43 students, 21 passed with distinction, 19 secured first class, two students obtained second class and one student passed in third class. Fourteen students scored above 90 per cent.
The institution also performed strongly in the PUC examinations. The Science stream recorded a 100 per cent result, with all 44 students passing, while Commerce secured a 98 per cent pass percentage.
Twelve students scored full marks in different subjects, including Mathematics.
In Commerce, Deeksha Acharya topped the college with 588 marks, while Harshitha H. Kini secured the second position with 581 marks.
In Science, Naveen B. Nayak emerged as topper with 586 marks, followed closely by Sameeksha Moily and Aifa Nidha, who both secured 585 marks.
Speaking about the achievement, High School head teacher Shrimati Patkar said the institution has always focused on supporting academically weak students through affordable education and free special classes.
“Our ambition is to provide quality education even to students who struggle in studies. The fees are very low, and free coaching classes are conducted. I have worked here for 28 years and have always found the atmosphere supportive of education,” she said.
Primary School head teacher Lolita Zeena D’Silva appreciated the dedication of the teaching staff and said the school encourages students not only to achieve high marks but also to become role models.
PU College Principal Balakrishna Rao said the institution focuses on value-based education and overall personality development.
“The aim is to help students succeed not only academically but also in cultural activities, sports and leadership. We encourage qualities such as patience, tolerance and discipline,” he said.
Rao also credited the institution’s growth to the support of founders K.S. Mohammed Masood and K.S. Nissar Ahmed, along with President K.S. Imtiaz Ahmed.
Speaking on the occasion, Imtiaz Ahmed said the institution was built on the dream of making quality education accessible to financially backward families in rural areas.
He said the guidance and encouragement of his elder brothers, Mohammed Masood and Nissar Ahmed, along with the contribution of teachers, students and parents, helped transform the institution into a model educational centre.
The KMES Institutions trace their roots back to 1984, when they were founded by senior social activists Haji P.M. Khan, K.S. Nazeer Ahmed and Haji A.S. Rashid Haider.
The institution initially functioned from the Government Urdu School premises as it did not have a building of its own. Classes began with only 22 students in lower kindergarten and two teachers.
Later, under the leadership of K.S. Mohammed Masood and with continuous financial and moral support from non-resident businessman K.S. Nissar Ahmed, the institution gradually expanded.
In 1993, the school shifted to its own building and began conducting classes from LKG to Class 5.
As student admissions increased, Nissar Ahmed personally funded the construction of three additional classrooms to address infrastructure shortages.
The institution’s new school building was completed in 1997, while the PU College building was constructed in 2001.
From humble beginnings in a borrowed building to producing state-level rank holders and consistent academic results, the KMES Institutions have grown into one of the prominent educational centres in the Karkala region.
